Court of first instance

Typical cases

• A civil case above €5,000
• Family: divorce, where the children live, maintenance (family court)
• A crime such as theft or fraud (criminal court)
• An appeal against a judgment of the justice of the peace

Legal basis: art. 568, 572bis en 577 Ger.W.

I received a summons: what now?

1. 1

   Read the summons carefully

   Who is suing you? What do they ask? Before which court? Write down the date, time and address of the hearing.

2. 2

   You may go yourself

   You may go to the hearing yourself, or with a lawyer (art. 728). Before some courts your partner or a relative can also go, with a written power of attorney and if the judge allows it.

3. 3

   Help exists, even free

   A first legal advice is free. On a low income you can get a free or cheap lawyer (pro deo) through the bar's Legal Aid Office (art. 508/1 ff.). The costs of the case can also be covered (legal assistance, art. 664 ff.).

4. 4

   What to bring

   Your identity card, the summons and every document: contracts, letters, invoices, photos. Come a little early and report to the registry or the usher.

5. 5

   At the first hearing

   Often the judge does not decide yet. You can ask for time to answer. The judge then sets dates (art. 747).

6. 6

   What if you don't go?

   Then the judge can decide without hearing you: a default judgment (art. 802 ff.). You can oppose such a judgment within one month of its service (art. 1048).

In a criminal case (an offence) it is different: you oppose a default judgment within 15 days of its service (art. 187 Code of Criminal Procedure).

Summons deadline